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Questions Answered by David Stephen Klein
1 Answer | Asked in DUI / DWI for Georgia on
Q: I was arrest for PUI but the officer gave me no test can i get the case dropped
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

You mean DUI, right? If you did not take the roadside test, did you take the breathalyzer test at the police station, or a blood test? Did you refuse to take a test? When you go to court, if there is no test, what evidence will the officer, solicitor or DA present to prove you were DUI? If you were... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: How much time between having a drink and getting stopped by a officer are you considered dui?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Very difficult to answer. Search the internet for alcohol absorption rates for gender, height and weight. Regardless of those factors, medical issues may affect alcohol absorption rates. So may certain chemicals, drugs, diets. There simply is no "one" answer to your question.

1 Answer | Asked in DUI / DWI for Georgia on
Q: If there are 3 21 year olds at a party with underage drinking and the cops show up, what will happen to the 21 year olds
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Answer depends on too many "ifs". Generally, if an adult (a 21 year old) is participating in drinking with minors, most police officers will seek to determine if the alcohol was supplied by the adults, or the supply was controlled by the adults. Always best for 21 year olds (adults) to... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does drugs mean over the counter meds in a D.U.I case
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

It means any drugs, whether OTC, prescription, or illegal.

1 Answer | Asked in DUI / DWI for Georgia on
Q: When you are arrested and NOT read your rights before being asked questioned , is anything admisable ?
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

Unfortunately, need more information to answer your question. In a DUI, you should be read an Implied Consent card, and a Miranda warning after your arrest. If you have made any statements, a good lawyer may be able to get those suppressed, depending on the circumstances.

1 Answer | Asked in DUI / DWI for Georgia on
Q: In DUI Legal Prescription Drugs, officer searched my car and ripped open personal sealed mail & used it for P Cause??
David Stephen Klein
David Stephen Klein answered on Oct 27, 2013

I do not see a specific question, however, an officer needs probable cause in order to pull you over in the first place. Unless you give the officer permission to search your car, which I would never do, the officer cannot search the car without a warrant, in most cases of DUI. Need more... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: I cheated on my husband we reconciled and went to concealing for a year now filling and he's trying to get custody, home

He wants me to pay him child support and take the house, can he do this if we had reconciled. He is even serving papers to the other man.

David Stephen Klein
David Stephen Klein answered on Sep 12, 2013

He can certainly try to do this, but whether he is successful depends on a number of factors. The adultery alone may not tip the scales in his favor, given the reconciliation. However, you need a lawyer ASAP.

1 Answer | Asked in Divorce for Georgia on
Q: I am going to a deposition for my divorce. I am unable to pay for an attorney or lawyer. Do I have to answer questions?

Do I have to answer questions without an attorney or lawyer representing me?

David Stephen Klein
David Stephen Klein answered on Sep 12, 2013

Yes, you will be expected to answer questions under oath at a deposition even if you do not have a lawyer. But you should first make very sure the other side has complied with the various rules related to subpoenas and service. You really need a lawyer to determine that. Keep shopping.

1 Answer | Asked in Divorce for Georgia on
Q: Do I have to pay for braces if dental is not on my divorce papers
David Stephen Klein
David Stephen Klein answered on Sep 12, 2013

Without reading the papers, I can tell you that orthodontic cost responsibilities should be carefully spelled out in a divorce or settlement agreement. Often a decree will only include a Child Support Addendum that requires the parties to share the cost of uninsured, but reasonably necessary,... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: My ex husband is selling my jewelry, that he was ordered to return to me in the divorce, on craigslist. How do I get bac

Divorce was finalized in 2000 and my divorce attorney is deceased.

David Stephen Klein
David Stephen Klein answered on Sep 12, 2013

Not sure why 13 years has elapsed without an earlier demand for the jewelry, but, if the final decree ordered him to return the jewelry, and he sells it, I think you have both a contempt issue and an equitable issue. Contact an attorney ASAP. If you cannot get your jewelry back, you may be able to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Dual Military Pensions in a divorce

My wife and me are both retired military, how would our pensions work in a divorce? Mine is the higher pension. We were married for 17 years of her 20 years of service and 19 years of my 22 years of service. Would she get 1/2 mine and I get 1/2 hers? I know there may be extra factors to consider.... Read more »

David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

there is an arithmetic formula involved, but the amount of each other's military retirement you would each be eligible for is able to be calculated by a divorce attorney familiar with military divorce. You may also be able to enter into a settlement agreement with each other that would... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: What is the violation if my lawyer won't give me a retainers agreement? is it legal?
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

there is nothing that requires your lawyer to enter into a retainer agreement with you. However, if you sign one, you must be given a copy of. if you asked for an agreement, or a copy of one,and he or she will not give it to you, do you really want to stay with that lawyer?

1 Answer | Asked in Divorce for Georgia on
Q: Can my child support be lowered if my pay decreases?
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

yes, it can be lowered, but it will require you going back to court for a modification. If your pay has decreased in an amount that the court deems a material change in circumstances,your support can be lowered.

1 Answer | Asked in Divorce for Georgia on
Q: Div doc states: CS shall be paid until the Minor Child is 18 or graduates from High School, whichever occurs first.

If my divorce document states this and the minor child just graduated from high school how do I get child support to stop being garnished from my paycheck. What paperwork do I need to file and where? Our original agreement stated that both parties agreed child support did not need to be garnished... Read more »

David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

you should contact an attorney and be prepared to go back to court. It is unclear whether your page is being garnished by the state of Georgia or by your employer through a income deduction order.

1 Answer | Asked in Divorce for Georgia on
Q: Can required child visitation be modified for optional visitation. My children are 15 & 13.
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

it is possible to modify child visitation for many reasons. Is it the children who wanted visitation to be an option here, or is it the noncustodial parent, or is it the custodial parent? As children get older, it is not uncommon for them to pursue adolescent/teenage activities and spend a little... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: If my wife and I get a divorce.... how will it affect the status of her kids?
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

it is not entirely clear what you are asking, but if you are referring to kids of hers which you have not biologically fathered or adopted, I do not see an effect on their status.

1 Answer | Asked in Divorce for Georgia on
Q: What if my spouse won't leave or sign the divorce papers
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

YOU WILL PROBABLY HAVE TO PURSUE A CONTESTED DIVORCE IF THIS IS THE CASE.

1 Answer | Asked in Divorce for Georgia on
Q: Told spouse about adultery but there is no proof four yrs later we have a baby could he get baby during.divorce
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

if you are asking whether or not he could get the baby based on your admitted adultery four years ago, the answer is Probably Not. However, this depends on whether your baby was born after the alleged adultery, which would be evidence of what we call condonation, or his forgiveness of your adultery... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Can one get a consensual divorce without proving the grounds for divorce?
David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

Yes, the grounds in this case would be "irretrievable breakdown" or no fault divorce. The two of you would agree to those grounds.,

2 Answers | Asked in Divorce for Georgia on
Q: What percent does an ex wife receive for alimony

We were married 30 years and she never worked... she is now getting almost 40 percent of my pay .... is this the legal amount she is owed

David Stephen Klein
David Stephen Klein answered on Aug 24, 2013

there is no fixed answer for this question. The court determines that amount based on a number of factors, including the length of the marriage, contributions of the parties to the marital estate, etc. without knowing more about the financials and your situation, I do not have an opinion as to... Read more »

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